Party Wall Notice London: What to Include, How to Serve, and What Happens Next

THE PARTY WALL ETC. ACT 1996 REQUIRES NOTICES TO BE SERVED FOR THREE CATEGORIES OF WORK:

SECTION 2 — PARTY STRUCTURE WORKS (2 MONTHS\' NOTICE REQUIRED): ANY WORKS TO A PARTY WALL OR PARTY FENCE WALL — A WALL SHARED WITH A NEIGHBOUR. THIS INCLUDES: - CUTTING INTO A PARTY WALL TO INSERT A DAMP PROOF COURSE - INSERTING A FLASHING INTO A PARTY WALL (E.G. FOR A LEAN-TO ROOF) - RAISING THE HEIGHT OF A PARTY WALL - UNDERPINNING A PARTY WALL - CUTTING INTO THE PARTY WALL TO INSERT A BEAM OR STEEL (E.G. FOR A STRUCTURAL OPENING IN A REAR EXTENSION) - DEMOLISHING AND REBUILDING A PARTY WALL - WEATHERING A PARTY WALL SECTION 2 NOTICE REQUIRES 2 MONTHS\' WRITTEN NOTICE BEFORE THE WORK BEGINS.

SECTION 1 — NEW WALL ON OR AT THE BOUNDARY (1 MONTH\'S NOTICE REQUIRED): WHERE A BUILDING OWNER PROPOSES TO BUILD ON THE LINE OF JUNCTION (BOUNDARY) — INCLUDING BUILDING A NEW BOUNDARY WALL ASTRIDE THE BOUNDARY (WHICH BECOMES A PARTY FENCE WALL). 1 MONTH\'S WRITTEN NOTICE IS REQUIRED.

SECTION 6 — ADJACENT EXCAVATION (1 MONTH\'S NOTICE REQUIRED): ANY EXCAVATION WITHIN 3 METRES OF AN ADJOINING OWNER\'S BUILDING OR STRUCTURE WHERE THE EXCAVATION WILL BE DEEPER THAN THE ADJOINING OWNER\'S FOUNDATIONS. ALSO: EXCAVATION WITHIN 6 METRES WHERE THE NEW FOUNDATIONS FALL WITHIN A 45-DEGREE LINE DRAWN FROM THE BASE OF THE ADJOINING STRUCTURE\'S FOUNDATION. THIS MOST COMMONLY APPLIES TO: BASEMENT EXCAVATIONS; REAR EXTENSION FOUNDATIONS IN CLOSE PROXIMITY TO THE NEIGHBOUR\'S HOUSE; UNDERPINNING WORKS.

IMPORTANT: WORKS THAT DO NOT TRIGGER THE ACT INCLUDE: - INSERTING SCREWS INTO A PARTY WALL WITHOUT CUTTING INTO IT (SURFACE FIXING ONLY) - BUILDING INTERNAL PARTITION WALLS AGAINST A PARTY WALL WITHOUT AFFECTING IT - FIXING A GATE OR FENCE NOT ON THE PARTY WALL ITSELF - PLASTERING OR DECORATION TO THE SURFACE ONLY

IF IN DOUBT, SEEK PARTY WALL ADVICE BEFORE COMMENCING — RETROSPECTIVE REGULARISATION OF NOTIFIABLE WORK DONE WITHOUT NOTICE IS MORE DIFFICULT AND EXPENSIVE THAN GIVING NOTICE IN THE FIRST PLACE.

THE PARTY WALL ETC. ACT 1996 DOES NOT SPECIFY A PRESCRIBED FORM FOR NOTICES — BUT CERTAIN CONTENT IS ESSENTIAL FOR VALIDITY. A NOTICE THAT FAILS TO INCLUDE REQUIRED INFORMATION MAY BE CHALLENGED AS INVALID. THE FOLLOWING APPLIES TO SECTION 2 (PARTY STRUCTURE) NOTICES — THE MOST COMMON TYPE:

REQUIRED CONTENT: 1. THE NAME AND ADDRESS OF THE BUILDING OWNER (THE PERSON UNDERTAKING THE WORKS). 2. THE ADDRESS OF THE PROPERTY WHERE THE WORK IS TO BE CARRIED OUT. 3. A DESCRIPTION OF THE PROPOSED WORK — SUFFICIENT FOR THE ADJOINING OWNER TO UNDERSTAND WHAT IS PLANNED. FOR EXAMPLE: "CUT INTO THE PARTY WALL AT FIRST FLOOR LEVEL TO INSERT A STRUCTURAL STEEL BEAM OF APPROXIMATELY 4.5M SPAN TO SUPPORT THE FLOOR ABOVE FOLLOWING REMOVAL OF THE INTERNAL CHIMNEY BREAST ON THE GROUND FLOOR, AND CUT INTO THE PARTY WALL AT GROUND FLOOR LEVEL TO FORM A NEW STRUCTURAL OPENING OF APPROXIMATELY 3.5M WIDTH." 4. THE PROPOSED DATE OF COMMENCEMENT OF THE WORKS — AT LEAST 2 MONTHS FROM THE DATE THE NOTICE IS SERVED (FOR SECTION 2 NOTICES) OR 1 MONTH (FOR SECTION 1 AND SECTION 6 NOTICES). 5. AN EXPLICIT STATEMENT THAT THE NOTICE IS SERVED UNDER THE PARTY WALL ETC. ACT 1996 AND THE RELEVANT SECTION. 6. THE DATE OF THE NOTICE.

USEFUL ADDITIONAL CONTENT (NOT LEGALLY REQUIRED BUT GOOD PRACTICE): - DRAWINGS OR SKETCHES INDICATING THE PROPOSED WORKS - A REQUEST FOR THE ADJOINING OWNER TO RESPOND WITHIN 14 DAYS (AS REQUIRED BY THE ACT) - AN EXPLANATION OF THE ADJOINING OWNER\'S RESPONSE OPTIONS (CONSENT / DISSENT / COUNTER-NOTICE) - CONTACT DETAILS FOR THE BUILDING OWNER

SERVING THE NOTICE ON THE CORRECT PARTY: THE NOTICE MUST BE SERVED ON THE ADJOINING OWNER — THE PERSON WHO HAS A FREEHOLD OR LEASEHOLD INTEREST IN THE ADJOINING PROPERTY. IF THE PROPERTY IS RENTED, BOTH THE FREEHOLDER (LANDLORD) AND ANY LEASEHOLD TENANT WITH MORE THAN 1 YEAR REMAINING ON THEIR LEASE ARE ADJOINING OWNERS AND MUST BE SERVED. CHECKING HM LAND REGISTRY (LAND REGISTRY TITLE SEARCH — £3/TITLE) BEFORE SERVING WILL CONFIRM THE REGISTERED OWNER.

THE PARTY WALL ETC. ACT 1996 SPECIFIES THE METHODS BY WHICH A NOTICE MAY BE SERVED. USING AN INCORRECT METHOD CAN INVALIDATE THE NOTICE.

VALID METHODS OF SERVICE: 1. DELIVERY BY HAND: PHYSICALLY DELIVERING THE NOTICE TO THE ADJOINING OWNER\'S RESIDENCE OR PLACE OF BUSINESS. OBTAIN SIGNED ACKNOWLEDGEMENT OF RECEIPT AT THE TIME OF DELIVERY, OR USE A WITNESS. 2. RECORDED DELIVERY POST: SENDING THE NOTICE BY ROYAL MAIL RECORDED DELIVERY TO THE ADJOINING OWNER\'S LAST KNOWN RESIDENCE OR BUSINESS. RETAIN THE PROOF OF POSTING AND DELIVERY CONFIRMATION. 3. FIRST-CLASS POST: THE ACT PERMITS SERVICE BY ORDINARY FIRST-CLASS POST — THE NOTICE IS DEEMED SERVED THE NEXT DAY AFTER POSTING. HOWEVER, RECORDED DELIVERY IS STRONGLY PREFERRED SO THAT PROOF OF SERVICE CAN BE DEMONSTRATED. 4. LEAVING THE NOTICE ON THE PROPERTY: WHERE THE ADJOINING OWNER IS ABSENT OR THEIR ADDRESS IS UNKNOWN, THE NOTICE MAY BE ADDRESSED TO "THE OWNER" AND DELIVERED TO THE PROPERTY.

RETAIN EVIDENCE OF SERVICE: - KEEP A COPY OF THE NOTICE SERVED - RETAIN THE ENVELOPE AND PROOF OF POSTING - NOTE THE DATE OF SERVICE IN WRITING - IF SERVED BY HAND: GET SIGNED ACKNOWLEDGEMENT OR WITNESS CONFIRMATION

14-DAY RESPONSE WINDOW: AFTER THE NOTICE IS SERVED, THE ADJOINING OWNER HAS 14 DAYS TO RESPOND IN WRITING. IF THEY DO NOT RESPOND WITHIN 14 DAYS, A DISPUTE IS DEEMED TO HAVE ARISEN — THIS DOES NOT MEAN THE WORK CANNOT PROCEED, BUT IT TRIGGERS THE DISPUTE RESOLUTION PROCESS (SURVEYOR APPOINTMENT).

WHAT THE ADJOINING OWNER CAN DO: 1. CONSENT IN WRITING: THE SIMPLEST OUTCOME — NO SURVEYORS NEEDED, WORK CAN BEGIN AFTER THE NOTICE PERIOD EXPIRES. HOWEVER, CONSENT DOES NOT WAIVE THE ADJOINING OWNER\'S RIGHT TO COMPENSATION FOR DAMAGE. 2. DISSENT AND AGREE TO AN AGREED SURVEYOR: BOTH PARTIES APPOINT ONE SURVEYOR JOINTLY — FASTER AND CHEAPER (TYPICALLY £800-1,600 TOTAL). 3. DISSENT AND APPOINT THEIR OWN SURVEYOR: TWO SURVEYORS APPOINTED — ONE BY EACH PARTY. THE TWO SURVEYORS SELECT A THIRD SURVEYOR IN CASE OF DEADLOCK. TYPICALLY COSTS £1,300-2,700 TOTAL (BUILDING OWNER PAYS BOTH SIDES).

WHERE SURVEYORS ARE APPOINTED (AGREED OR TWO-SURVEYOR ROUTE), THE OUTCOME IS A PARTY WALL AWARD — A LEGALLY BINDING DOCUMENT THAT SETS OUT:

- A DESCRIPTION OF THE PERMITTED WORKS - THE MANNER AND TIMING OF THE WORKS (PERMITTED WORKING HOURS, SEQUENCE OF OPERATIONS) - A SCHEDULE OF CONDITION OF THE ADJOINING OWNER\'S PROPERTY BEFORE WORKS BEGIN (PHOTOGRAPHIC RECORD WITH WRITTEN DESCRIPTION OF EXISTING CRACKS, DEFECTS, AND CONDITIONS — THIS IS CRITICAL FOR ATTRIBUTING ANY NEW DAMAGE) - ACCESS RIGHTS FOR THE SURVEYOR AND BUILDING OWNER\'S TEAM TO ADJOINING LAND/PROPERTY (UNDER SECTION 8 OF THE ACT) - PROVISIONS FOR SECURITY/BONDS IF REQUIRED - COSTS (WHO PAYS WHICH FEES)

THE PARTY WALL AWARD IS ENFORCEABLE IN A MAGISTRATES\' COURT IF EITHER PARTY FAILS TO COMPLY.

ADJOINING OWNER\'S RIGHT TO COMPENSATION: REGARDLESS OF WHETHER CONSENT WAS GIVEN OR AN AWARD MADE, THE ADJOINING OWNER HAS A RIGHT TO COMPENSATION FOR DAMAGE CAUSED BY THE NOTIFIABLE WORKS UNDER SECTION 7(2) OF THE ACT. THE SCHEDULE OF CONDITION IS THE KEY DOCUMENT FOR DETERMINING WHETHER DAMAGE WAS PRE-EXISTING OR CAUSED BY THE WORKS.

TIMEFRAME IMPLICATIONS: - SECTION 2 NOTICE: 2 MONTHS BEFORE WORK CAN BEGIN (FROM DATE OF SERVICE) - IF DISPUTE ARISES: ADD 2-4 MONTHS FOR SURVEYOR APPOINTMENT, SCHEDULE OF CONDITION, AND AWARD - TOTAL PROGRAMME IMPACT FOR A CONTESTED CASE: 4-6 MONTHS FROM FIRST NOTICE TO WORK COMMENCING

THE ACT IS NOT A VETO: THE PARTY WALL ACT IS NOT AN INSTRUMENT FOR NEIGHBOURS TO STOP WORKS — IT IS A FRAMEWORK TO PROTECT BOTH PARTIES\' INTERESTS. SURVEYORS CANNOT PREVENT LAWFUL WORKS; THEY CAN ONLY REGULATE HOW AND WHEN THEY ARE CARRIED OUT AND ENSURE COMPENSATION FOR ANY DAMAGE.